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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On January 18, 2019, the Defendant was sentenced to a suspended sentence of 8 months in the Seoul Northern District Court, which was sentenced to 2 years of imprisonment for fraud, and the judgment became final and conclusive on January 26, 2019.
1. Around July 2017, the Defendant: (a) made a false statement to the victim B by calls from the Seocho-gu Seoul Metropolitan Government (Seoul Seocho-gu) (hereinafter “C”); and (b) made a false statement to the effect that “C” signboard construction is changed; (c) after the completion of the construction work.”
However, in fact, even if the Defendant received construction cost due to the performance of the obligation of the interior business entity prior to the operation of the Defendant, it was thought that it would be used as repayment of the existing obligation or repayment of the construction cost, and thus, the Defendant did not have the intent or ability to pay the construction cost even if the Defendant had the victim
As such, the Defendant, by deceiving the victim, had the victim perform the said signboard construction from July 27, 2017 to February 28, 2017, and did not pay the construction cost of KRW 14,420,340, and had the victim do not pay the construction cost of KRW 14,420,340 thereafter, and did not pay the total construction cost of KRW 22,079,160 from August 2018.
2. Fraud of a loan;
A. A. On May 18, 2018, around May 18, 2018, the fraud Defendant made a false statement to the victim E located in Seocho-gu Seoul Metropolitan Government Seocho-gu that “The Defendant will repay KRW 5 million to the victim B within one month if he/she lent it.”
However, the defendant did not have any intent or ability to repay the debt even if he borrowed money from the victim as stated in Paragraph 1.
Around May 18, 2018, the Defendant, by deceiving the victim, received money from the victim to the Defendant’s total amount of KRW 5 million from the account in the name of the Defendant or F.
B. Around May 29, 2018, the defrauded Defendant called the victim on the infinites of May 29, 2018 and repaid the money “2.5 million won” with the money that he borrowed before and after the month.